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All Journal SAMAWA : Jurnal Hukum Keluarga Islam MADDIKA: Journal Of Islamic Family Law USRAH: Jurnal Hukum Keluarga Islam
In'am Awaluddin, Ahmad
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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HUKUM PENGANGKATAN ANAK DI NEGARA MUSLIM: KAJIAN KOMPARATIF ATAS ASPEK LEGAL-FORMAL DAN IMPLIKASI YURIDIS In'am Awaluddin, Ahmad; Nurhimawan, Rifky
SAMAWA Vol 5 No 2 (2025): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

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This paper aims to provide a comprehensive explanation of the regulations on child adoption in various Muslim countries, focusing on the legality, legal status of children, and legal implications. The research method used is library research. The data obtained in this study are from several journals, articles, and other literature related to the discussion of the law of child adoption in Muslim countries. This study uses a comparative approach by comparing the legal system of child adoption in various Muslim countries, either from the formal legal aspect or from the legal implications. The results of this study show that each Muslim country has its own legal rules in terms of child adoption. Legally, adoption in Muslim countries allows the adoption of children which aims to provide welfare to the child's life, but the terminology used is different, thus giving rise to different perceptions in terms of child adoption arrangements. The diversity of regulations in the context of child adoption in various Muslim countries not only reflects differences in legal interpretations, but also manifests socio-cultural dynamics and the evolution of Islamic legal thought in different regions. The influence of classical jurisprudence remains a strong foundation in policy formulation in the majority of Muslim countries, but legal adaptations and innovations continue to evolve to respond to the needs of contemporary society Kata Kunci: Legality of Law, Adoption, Muslim Countries
DIALEKTIKA TRADISI DAN SYARIAT: PRAKTIK KHITBAH TERBALIK DI KABUPATEN LAMONGAN DALAM TINJAUAN HUKUM ISLAM In'am Awaluddin, Ahmad; Syahrial Ramadhan, Muhammad Dhiya'Ulhaq
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2025): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i2.2664

Abstract

The tradition of reverse khitbah in Lamongan Regency, where women take the initiative to propose to men, is a unique phenomenon that has been practiced for generations since the 17th century. This study analyzes the legitimacy of these traditions through the theoretical framework of 'urf and maqashid sharia. Using a literature research method, this study synthesizes the findings of previous research in Paciran, Modo, Mantup, and Mayong Village, Karangbinangun District, and evaluates them against primary Islamic sources. The results of the study show that reverse khitbah has normative legitimacy in the hadiths of the Prophet and the practices of the Companions, without any explicit prohibition in Islamic law. From the perspective of the theory of 'urf, this tradition is included in 'urf sahih (a valid custom) because it meets four criteria: it does not contradict nash qath'i, brings benefits without harm, has been in practice consistently for more than three centuries, and is a manifestation of the rules of taghayyur al-ahkam bi taghayyur al-azman wa al-amkan. Through the methodology of superstition by adopting the contemporary maqashid approach of Jasser Auda, this tradition is in line with the goals of the protection of religion (hifzh al-din), heredity (hifzh al-nasl), and dignity (hifzh al-karamah). This research contributes theoretically by offering an integrative analytical framework that combines contemporary 'urf theory, taghayyur rules, and maqashid, and practically provides academic legitimacy for local traditions and perspectives for policymakers on the flexibility of Islamic law in local contexts.
THE PHENOMENON OF EARLY MARRIAGE AND MARRIAGE POSTPONEMENT IN INDONESIA FROM THE PERSPECTIVE OF MASLAHAH MURSALAH In'am Awaluddin, Ahmad
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 1 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i1.6624

Abstract

This study examines the phenomena of early marriage and delayed marriage in Indonesian society with the aim of identifying the underlying factors and their impacts from the perspective of maslahah mursalah. This study uses a qualitative method with empirical field research. The research subjects consisted of five informants, namely three individuals who married young and two who delayed marriage, while the research objects included the concepts of early marriage and delayed marriage, the driving factors, and the social implications. The results show that the decision to marry young is influenced by economic factors, personal desire, and parental pressure, while the postponement of marriage is influenced by a focus on education and career, not yet finding a suitable partner, and not yet achieving financial stability. This change in marriage patterns is not only an individual choice, but also has an impact on family structure and social construction in society. Early marriage and delayed marriage can be understood as adaptive responses to contemporary social complexities that reflect efforts to achieve maslahah through spiritual considerations, self-development, and readiness to build a quality family life
Co-Authors Nurhimawan, Rifky Syahrial Ramadhan, Muhammad Dhiya'Ulhaq